please convert the following ppt in text outline form into bullets form of power point presentation: HATE CRIME
What is Hate Crime?
Hate crime : criminal acts - motivated by bias against
an individual or social group
because of certain differences,
majorly in their religious practices and customs.
beyond lynching,
discrimination and offensive speeches,
speech that is insulting,
derogatory or
incites violence.
Hate Crimes could be defined
as an attack on a person’s rights entrusted to him thereby affecting not only him but the social structure as a whole
more heinous than other Criminal Offences.
race,
ethnicity,
religion or
class.
Hate Crime in India:
harm done to a community at large rather than an individual’s right to freedom of speech and expression
the harm done as a result of hate speech.
In India, hate speech is prohibited
religion,
ethnicity,
culture or
caste.
Hate speech is neither defined in the Indian legal framework nor can it be easily reduced to a standard definition due to the myriad forms it can take.
Statistics related to Hate Crime in India:
Most hate crimes :
towards Dalits
followed by Muslims.
caste, religion to
honor killing and love jihad.
What are the Causes for the Prevalence of Hate Crime?
his or her expression of prejudice or bias
against the victim’s (presumed) group membership
that more properly characterizes such crimes.
Perpetrators of hate crimes
are not always motivated by a single type of prejudice or hatred but can be influenced by a combination of different prejudices.
Impact of Social Environments:
Hate crimes may also be the product of our social environments.
Hate crimes are more likely to occur where society is structured in such a way as to advantage certain identity characteristics over others (for example, white, male, heterosexual).
Systemic discrimination,
typically codified into
operating procedures,
policies or
laws,
may give rise to an environment where
perpetrators feel a sense of impunity when victimising certain minority group members.
Influence of Perception:
perpetrators may be influenced by their perception that certain groups pose a threat to them.
These threats can be divided into:
‘Realistic threats’ –
such as perceived competition over jobs, housing and other resources, and physical harm to themselves or others and
‘Symbolic threats’
which are concerned with the threat posed to people’s values and social norms.
Other Factors:
Perpetrators of hate crime can be motivated by a variety of different factors.
four ‘types’ of perpetrators,
Thrill seekers: Those motivated by a thrill and excitement)
Defensive: Those motivated by a desire to protect their territory)
Retaliators: Those who act in retaliation for a perceived attack against their own group); and
Mission: Perpetrators who make it their mission in life to eradicate ‘difference’.
What can be the Implications of Hate Crime?
Psychological Distress:
People victimized by violent hate crimes are more likely to experience more psychological distress than victims of other violent crimes.
Specifically, victims of crimes that are bias-motivated are more likely to experience post-traumatic stress, safety concerns, depression, anxiety and anger than victims of crimes that are not motivated by bias.
Sends Wrong Signal to the Society:
Hate crimes send messages to members of the victim’s group that they are unwelcome and unsafe in the community, victimizing the entire group and decreasing feelings of safety and security.
witnessing discrimination against one’s own group can lead to psychological distress and lower self-esteem.
What are the Indian Laws Against Hate Crimes?
Though the term is nowhere mentioned in any statute, its different forms are identified across the laws.
The IPC
under Sections 153A, 153B, 295A, 298, 505(1) and 505(2) declares that word, spoken or written, that promotes disharmony, hatred, or insults on basis of religion, ethnicity, culture, language, region, caste, community, race etc., is punishable under law.
53A: It penalizes promotion of enmity between different groups.
153B: It punishes imputations, assertions prejudicial to national integration.
505: It punishes rumours and news intended to promote communal enmity.
295A: It criminalises insults to the religious beliefs of a class by words with deliberate or malicious intention, contributing to combating hate speeches.
Some other laws which contain provisions concerning hate speech and its prevention are:
Representation of People Act, 1951: It classifies hate speech as an offence committed during elections into two categories: corrupt practices and electoral offences. The relevant provisions regarding hate speech in the RPA are Sections 8, 8A, 123(3), 123(3A) and 125.
What are the ways to Stop Hate Crime in Society?
Needs a Specialised Legislation:
The need of the hour is specialised legislation that will govern hate speech propagated via the Internet and, especially, social media.
It is important that specific and durable legislative provisions that combat hate speech, especially that which is propagated online and through social media, is enacted by amending the Indian Penal Code (IPC) and the Information Technology Act.
Ultimately, this would be possible only when hate speech is recognised as a reasonable restriction to free speech.
Sensitisation:
Indian community should be sensitised towards the rights of other citizens and danger of hate crimes for social cohesion.
Community Policing:
By fostering partnerships with the community a society enables communities and law enforcement to work together to prevent and respond to hate crimes.
Community involvement can prevent turning a hate-related problem into a serious crime. Everyone in the community needs to be involved in the solution. Including diverse groups whose communities may be targets of hate is important.
Community Need to be Aware:
To address the problem of hate motivated crimes, awareness about the consequences of the crime is important.
By understanding the problem, the community becomes aware of the significance and need of addressing the issues facing the community.
A public awareness campaign in the community that provides information, awareness, and resources for community members and victims of hate crimes is important.
Youth Involvement and Counselling:
Youth are often more vulnerable to violent attacks, bullying, and other forms of harassment.
To combat this, teachers and school administrators should
educate their students and staffs on the nature of hate incidents and crimes and how to prevent them.
Training for Officers
Police should train new recruits and existing officers and deputies on hate crimes and other related issues to ensure responding officers and deputies are trained to investigate and report the hate crimes or incidents
Honour killing is peak of hatred;it is the gap between love and hatred
Preamble UDHR : ‘whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world’.
Human dignity : “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”.
The Universal Declaration of Human Rights provides the preliminary work out for protecting and development of right to life with human dignity in the various constitutional laws of various countries in the world.
Every person has inalienable right to live a dignified life without discrimination.
They are entitled to claim equal respect from the state as well as from other persons.
Honour killings further violates many other human rights namely prohibition against torture and inhuman treatment, the right to personal liberty and security of person, right to privacy, right to health, rights relating to marriage, rights related to social security and inheritance
Honour killing is against fundamental right to life and life with dignity
The right to life is not only correlated with human dignity but it also directs our attention to the very essential subject of Honour killing. The family members, for the sake of social status or ‘family Honour’, kill the members of family, but the Constitutional guarantee of right to life
Women still face Sexual abuses, Infanticide, Foeticide, Rape, Sexual-harassment, Murder, Honour killing
The term ‘human dignity’ protected civil, political, religious and social rights of the individuals. “Human dignity means a state of worthy of Honour, respect, equal status and it is inherent has connected mentally with human life irrespective of caste, creed, sex, colour, status, of the person”.
Human dignity is associated with the family, caste, community and society
Constitution used the term ‘dignity’ in its preamble; the preamble reads as ‘assuring the dignity of the individual and the unity and integrity of the nation’.
The Beijing Platform for Action on Human Rights of women, 1995,
urges the member States to “take urgent action to combat and eliminate violence against women,
which is a human rights violation resulting from harmful traditional or customary practices, cultural prejudices and extremism”.
Elimination of Crimes against Women Committed in the name of Honour in 2003 aims to eradicate Honour crimes which are rooted in the patriarchal society
THE CONVENTION ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN (CEDAW) in Article 15(1) provides that
state parties to the convention shall “accord to women equality with men before the law
1. General obligation as specified under Articles 1-4.
2. State parties’ specific obligations as signatories under Articles 5-6.
3. State specific obligations concerning national penal codes in the context of Honour killings under Article 1, 2, 2(c), 2(f), 2(g), 5(a), 5(f), 15(1), 15(2), and 16(1) to end legal policy of excusing Honour killings.
Article 1 of CEDAW defines discrimination against woman as: “discrimination against women shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field
Honour killing
Honour killings of women = crime is a form of “distinction, exclusion, or restriction on the basis of sex” and motivated towards women
Article 2(c) similar to Article 1 protects woman from discriminatory laws framed by the state parties. Article 2(c) states that the judiciary must protect women from any forms of discrimination at the hands of law
Article 16 states that: “States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations
The right to life as fundamental right
is the important and most valuable fundamental right of the citizen and immigrants of India.
Everyone has the right to life, liberty and security of person.
Honour based violence including forced marriage and female genital mutilation have some common characteristics but there are some important distinctions too.
They also over lapped with domestic abuse, and numerous types of crimes including Honour killing.
The harmful traditional and cultural customary evil practice of Honour killing violates human rights, rules and regulations.
The most pathetic aspect of disrespect for human rights includes various brutal practices such as; rape, forced marriage, torture, imprisonment within the home and even murder.
AIPWA
“Honour killings are an extreme form of violence perpetrated on couples, ‘It is needed to examine the much larger prevalence of violence towards couples who married inter-caste or inter-religious defying societal norms.
Not all these cases end in a terrible death. There is very little outrage over these cases because communities are more or less agreed on the need to rein in women’s autonomy.
Girls are often held captive or forcefully married off against their wishes.
Across caste, society and religion, a woman’s autonomy, when it comes to marriage, is considered negligible.
This forms the backdrop for Honour killings in India
Honour crimes have different meaning and interpretations or applications in different cultures or groups.
As such, it has multiple meanings related to pride, esteem, dignity, reputation and virtue.
In terms of Honour-based violence, the notion of Honour is associated with behaviour of the women or girl relations to the family or the social value systems and norms in a community.
It perceived shame that result from not complying with those expectations.
It seeks to prevent behaviour that would breach those expectations and avoid the perceived “shame” or “dishonour” to the family.
As a result, the family or community, restored the same through Honour killing.
So, the Honour killing is not mere human rights violation but also an Honour-based violence.
Prevalence
State of Punjab,
Rajasthan,
Haryana, and
Western area of Uttar Pradesh and
in some parts of Bihar
An Honour suicide is also practiced as a substitute for an Honour killing. It has occurred when people order or pressure a woman to kill herself this may be done so that the people avoid penalties for murdering her
An Honour crime that includes Physical violence, mental violence, sexual violence, not allow enjoying of freedom of life and confining within the house etc., are nothing but violation of women’s rights
Human Rights treaties particularly UDHR, ICCPR Article 2(1), ECHR Article 1 and ACHR Article 1(1)
(a) by mandating states to protect human rights as a fundamental duty by not infringing any right incorporated in the treaty bodies, and,
(b) by putting a positive obligation in terms of an affirmative duty on states to “ensure” that none of such rights are infringed at the expense of other than state actors.
Affirmative duty of states to ‘respect for’ and ‘protection of’ human rights.
exercise due diligence that women’s right to life in their territory
The duty of the State to protect the right has been interpreted broadly to include these duties (UNHRC, 1982):
(a) to prohibit arbitrary killing by agents of the State and to strictly control and limit the circumstances in which a person may be deprived of life by state authorities;
(b) to conduct some form of effective official investigation when individuals have been killed;
(c) to secure the right to life by making effective provisions in criminal law to deter the commission of offences against the person;
(d) to establish law-enforcement machinery for the prevention, suppression, investigation and penalisation of breaches of criminal law;
(e) in certain well-defined circumstances, a positive duty to take preventative operational measures to protect an individual whose life is at risk from the criminal acts of another individual;
(f) to protect persons detained in custody;
(g) to ensure life's of persons being extradited or deported or those seek asylum. See Benninger-Budel, Carin, Due Diligence and its application to protect Women from Violence, (
HRC has criticised
the lenient domestic laws of the states in several cases infringing right to life particularly “
in relation to high number of suicides of young females,
female genital mutilation (FGM),
improperly regulated ‘availability of firearms’
which directly endanger the ‘protection and enjoyment’ of right to life
HRC case : Herrera Rubio vs. Colombia case
involving disappearance of person in circumstances which may involve violation of right to life stated that
the state parties must “take specific and effective measures to prevent the ‘disappearance of individuals’ and establish effective facilities and procedures to investigate thoroughly, by an appropriate impartial body
The ECHR in Airey vs. Ireland
has similarly and more comprehensively addressed the issue of violation of right to life and held that states are under a positive obligation to protect right to life in a “real, practical and effective way”
The right to life has been widely interpreted by human rights bodies and other courts to include wider array of right which have achieved a status of jus cogens and is also a non-derogatable right in international law, obligation upon states the international law attaches a legal responsibility upon states to secure right to life of individual within their territories from the acts or omissions of private persons.
SOCIAL CHANGE AND CRIME
SOCIAL CHANGE AND CRIME :
SOCIAL CHANGE CONSISTS OF CHANGES IN BASIC SOCIETAL INSTITUTIONS,
SUCH AS
FAMILY,
RELIGION, AND
EDUCATION,
WHICH IMPART THE NORMS AND BEHAVIORAL CONDITIONING CHARACTERISTICS OF A CULTURE.
CRIMINAL BEHAVIOR INVOLVES DEVIATION FROM THESE NORMS.
ALL SOCIETIES APPARENTLY MOVE FROM TIGHT INSTITUTIONAL INTEGRATION TO SOCIAL DISINTEGRATION
WHEN INSTITUTIONS NO LONGER INTERLOCK OR REINFORCE EACH OTHER.
THESE CHANGES CAN EITHER RESULT IN AN INCREASE IN
ECONOMIC WEALTH,
MATERIAL COMFORT, AND
KNOWLEDGE OR LEAVE INDIVIDUALS WITHOUT RESOURCES
FOR DEVELOPING ETHICAL BEHAVIORAL NORMS;
THUS SOCIETIES IN CHANGE ARE VULNERABLE
TO INJUSTICES,
POWER IMBALANCES, AND
AN ABSENCE OF MORAL PRIORITIES IN SOCIOECONOMIC AND POLITICAL INTERACTIONS.
WITH THE DISINTEGRATION OF THE MORAL INFLUENCE
OF THE FAMILY,
THE SCHOOL, AND
THE temple mosque or church,
THE FORMAL INSTITUTION OF LAW AND ITS ENFORCING INSTRUMENTS TENT TO ASSUME PRIORITY.
LAWS, WHICH CAN BE ENACTED RELATIVELY QUICKLY,
TEND TO MULTIPLY IN AN EFFORT TO PROVIDE NORMS FOR THE NEW
SITUATIONS OF CONFLICT AND
INJUSTICE PRESENTED BY RAPID SOCIOECONOMIC CHANGE.
ALSO, ENFORCEMENT EFFORTS WITH RESPECT TO TRADITIONAL LAWS WILL NEED TO BE INCREASED
WITH THE FAILURE OF SELF-REGULATION
CHARACTERISTIC OF STABLE SOCIAL STRUCTURES.
LAWS AND LAW ENFORCEMENT,
HOWEVER, CANNOT FILL THE VACUUM LEFT FROM THE DISINTEGRATION OF SOCIAL INSTITUTIONS
WHICH HAVE PRESIDED OVER THE DAILY LIFE OF COMMUNITIES AND INDIVIDUALS. IN THE MIDST OF RAPID SOCIAL CHANGE,
LAW MUST ALWAYS BE AN EMERGENCY MEASURE
UNTIL SOCIAL INSTITUTIONS CAN BE REBUILT THROUGH
EDUCATION,
STRONG MORAL LEADERSHIP, AND
THE DEVELOPMENT OF COMMUNITY ORGANIZATIONS AND
ACTIVITIES BASED ON COMMON MORAL VALUES.
traditional crimes and modern crimes differ
in their nature, execution, and impact due to
technological advancements,
social changes, and
evolving criminal methods.
1. Nature of Crime
Traditional Crimes: These are conventional forms of crimes such as theft, murder, assault, robbery, burglary, and vandalism. They often involve physical violence or tangible property.
Modern Crimes: Modern crimes encompass cybercrimes, financial fraud, identity theft, terrorism, human trafficking, and organized crime that leverages technology. These often involve virtual or digital platforms and sometimes have no physical component.
2. Tools and Techniques
Traditional Crimes: The tools used in traditional crimes are typically physical, such as weapons (guns, knives), tools for breaking and entering, or direct physical confrontations.
Modern Crimes: Modern crimes, especially cybercrimes, use advanced technology like computers, smartphones, hacking tools, and social engineering techniques. Modern criminals often exploit the anonymity provided by the internet.
3. Geographical Boundaries
Traditional Crimes: These crimes generally have a local or regional impact, and the perpetrator must be physically present at the crime scene.
Modern Crimes: Modern crimes, particularly cybercrimes, can be global, with perpetrators and victims located in different parts of the world. Criminals can commit offenses remotely, making it harder for law enforcement to trace.
4. Law Enforcement Challenges
Traditional Crimes: These crimes have been addressed by law enforcement for centuries, and standard procedures for investigation and prosecution are well established.
Modern Crimes: The complexity and anonymity of modern crimes make it harder for law enforcement to investigate. It requires specialized skills in digital forensics, cross-border collaboration, and an understanding of new technologies.
5. Impact and Scope
Traditional Crimes: The impact is often limited to the immediate victims and the local community. The scope is generally smaller unless it's a highly organized crime.
Modern Crimes: The impact can be more widespread. For example, cyberattacks or ransomware can affect millions of people globally or target critical infrastructure, leading to significant financial losses, privacy breaches, or even national security concerns.
6. Legal Framework
Traditional Crimes: Legal frameworks for handling traditional crimes have existed for a long time. They are well defined in most countries, with established laws, procedures, and precedents.
Modern Crimes: The legal system often lags in addressing modern crimes, especially in areas like cybercrime, where the rapid pace of technological advancement has outstripped legislation. International laws regarding digital crime and cross-border enforcement are still developing.
7. Social and Psychological Impact
Traditional Crimes: The psychological and social impacts are more immediate and visible, especially for violent crimes or property crimes, leading to a sense of fear and insecurity in the community.
Modern Crimes: The psychological impact of modern crimes can be more subtle but widespread. For example, victims of identity theft or online scams may face long-term financial distress and insecurity. The societal impact of mass data breaches can erode trust in institutions.
Conclusion
While traditional crimes remain a significant concern, modern crimes are evolving in complexity and scope, often leveraging technological advancements to exploit vulnerabilities in systems, individuals, or organizations.
Both types of crime pose challenges, but modern crimes require new strategies, tools, and international collaboration for effective prevention and enforcement.
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